The Durban climate negotiations have set into motion new negotiations, with the possibility of re-opening old and contentious issues, while at the same time leaving the global climate regulatory framework unchanged. While disappointing, this does create a possibility of starting anew.
The author begins with highlighting aspects of the Durban Platform that will influence India's shaping of its position in global climate negotiations. One is the Durban Platform's mandate to develop '“a protocol, another legal instrument or an agreed outcome with legal force” (UNFCCC 2011). The last phrase 'an agreed outcome with legal force' indicates that the outcome may not be a legal instrument. Similarly there is a lack of clarity on which countries the legally binding contents will be applicable to. This allows the question of whether the responsibility is to be 'symmetric' (equally binding on all countries) or 'diffrentiated' (binding to differing degrees for developed and developing countries). While it does appear to be inclined towards symmetry, the text remains ambiguous. The outcomes too have left a large range of issues unsettled.
The second set of issues that will influence India's way forward are the country's interests. These interests can be broadly classified as:
However, the Durban Platform's failure to be explicit both about differentiated responsibility and about the form of committments, disappoint both these interests. India's objectives will be best met by principled negotiation and development of alliances, rather than aggressively promoting a single-point agenda.
The means by which India can develop such a nuanced position is illustrated by considering India's contention that contribution to global greenhouse emissions constitutes historical responsibility to the problem- which essentially absolves India of responsibility. This agenda is currently flawed largely because it does not credit a country with the ability to be influenced by the knowledge of climate science and choose a more sustainable development path than was available historically. Similarly, by maintaining a close connection between carbon and development, this stance does not allow for newer technologies. India's accepting a duty to explore low carbon development will strengthen the country's policies and global negotiating position.
While there is no set formula that India can follow in the years to come, the issues on which it needs to develop a clear position are evident today. India's defensive objections to a legally binding outcome need to be replaced by a thought-out and articulate perspective on legally binding committments that safeguard India's development interests as well as climate.Similarly the issue of differentiated committments nd operationalisation of these across countries with varying levels of development need to be analysed. India also needs to develop its own capacity for sustained and principled negotiation. This will need the development of robust and justifiable principles, legal and political strategy, strategic thinking and continuity of personnel.
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